Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1887-02-03

Judge Bonds opinion, dc.


In the coupon cases heard by Judge Bond,
of the Q. s. Circuit Court, sitting in cham
bers, in Baltimore yesterday, as reported by
telegraph in the GAZETTE, the following
opinion was delivered:
eek parte R. Lee Fitzgerald, habeas cor
pus. We are of opinion that the revenue
laws under which this party is held, which
provide for the raising of revenue in Vir-
ginia, constitute one Law, though they have
been enacted in separate chapters and at
different times. And we are of opinion that
the act of the Legislature of Virginia, passed
in 1SS5-'S6, chapter AS, which requires par
ties who desire to sell by sample in that
State, and who tender coupons of the bonds
OF the State in payment of license so to sell,
to deliver such coupons to the State officers
for veri6cation, and forbids them to exercise
that business till the same are verified, while
parties who pay their license fees in money
are allowed to proceed at once in the con-
duct of their business, is IN unconstitutional
act, because it impairs the obligation of the
contract made by Virginia with the coupon
holder, which was that the coupons would
be received in payment of all public dues
and taxes. This statute, in effect, adds to
the contract the words latter they are veri
fed, ;" which is new condition altogether
that greatly impairs the value of the cou-
pom.
much legal tender for public dues and
taxes as is greenback, and it is not neces.
sary 10 show what an impairment it would
be to the value Of the latter did its genuine
character have to be proved every time it is
offered in payment of q debt.
The petition in this case sets forth in de-
tell the laws under which the petitioner is
detained and the facts which caused his ar
rest and Imprisonment. These allegations
of the petition are not traVersed or denied,
and must be taken as true. Taking them
to be true, it fully appears, as we think, that
the petitioner is held in violation of the Con-
stitution of the United States. The case
must be considered, the respondent not de-
nying the allegations of the petition, as if
those alleged facts were in the return, and
tina: the return itself stated that the party
was held for the reasons and under the Cir
cumstances alleged as well in the petition
as in the return proper.
"We have concluded to determine this
case Immediately, without further consider
alton, that it may go, if the Virginia au
thorities so determine, to the Supreme Court
at once, that an early decision Of that tri
buna may prevent further illegal arrests of
like character if this case shall be decided
so to be. In ex parte Royal 10Y .. S. 251,
tho Supreme Court says that while the Cir
cult Court has the power and may discharge
the accused in advance of his trial, it is not
bound 10 do so in every case. But IN this
case, if the party be not discharged imme.
diately, the damage to him will be very
great, if not irreparable. He will lose his
whole years business, aud his rivals in trade
will supplant him in the good will of his
customers. We think the party should be
discharged and an order will be made &C.
cordingly."
Attorney General Ayers Immediately
took an appeal TO the Supreme Court of the
United States, giving an appeal bond for
5000. The petitioners were released on
their own recognzance fer 5000. They will
be notified if wanted, which it was thought
would not be before next July. In the
meantime, until decision of the Supreme
Court, the decision of Judge Bond will stand
Us the law, aud the tender of coupons with.
out evidence in verifcaton of their genu
reness will only be required
Mr. Royal asked Judge Bond if he could
not add costs against the State of Virginia
or others parties The Judge replied that
be did not think it would be exactly fair in
this case to make the jailor Of Pulaski
county pay costs, but it will he well for it
to BIZ known that in future cases the de-
fealed party will be mulcted in costs. AS
to putting costs on the State of Virgin
ia, she is not party on the record in this
case. Let the Supreme Court settle the
costs.
Mr.. Royali.-"But. your honor, these
men have been brought to Baltimore"
Judge Bond.-"It is no punishment to
anybody to be brought to Baltimore.
Laughter.
The case was argued b. Mr.. Royal and
Gen. Bradley T. Johnson for the petitioners
and Attorney General Ayers, of Virginia,
for the respondent.
The application 70: an Injunction against
the indemnity board of Virginia to set aside
the rule made by Judge Hughes requiring
coupons rendered for taxes to be filed in
court, and the application ofthe treasurer of
the city of Petersburg to compel the auditor
of Virginia to receive coupons taken for
taxes by the treasurer, were set for hearing
in Baltimore some time this month.